CrAllMLL  lili^i. 

Q.fi^  ■h  Duke   University  Libraries 

.^T»      '  Articles  of  war 

f^rtv  Conf  Pam  12mo  #178 

j2^'  DTTD15Mfl3$ 


t/p 


\ 

ARTICLE,,   ur    WAR, 


FOR  THK 


GOVERNMENT 


OF  THE 


%xms  of  |te  Confebei'ate  States. 


,  <\v^ 


'<^o. 


CHAliLKSTON  : 

S  I  K  A  M-ro  W  KK     PKKSSKS     OF     KVANS      Si     C  O  G  S  W  K  I,  F,  , 

No.  -i  Biiiul  mill  103  Kast  bay  Street. 

18(51. 


PERKINS  LIBRARY 

Uake   University 


Kare  Dooks 


^^HhHH«4  / 


<.v 


ARTICLES    OF    WAR. 


AN  ACT  ESTABLKSHINC    RULES    AND    ARTICLES    FOR    THE    GOVERN- 
MENT OF  THE  ARMIES  OF  THE  CONFEDERATE  STATES. 

Section  1.  That  from  and  after  the  passing-  of  this  Act, 
the  followiiiii;  shall  he  the  rules  and  articles  hy  whieh  the 
armies  of  the  Ooiifedei'ate  States  shall  he  governed  :* 

Article  1.  Every  officer  now  in  the  arm}-  of  the  Con- 
federate States  shall,  in  six  months  from  the  passing  of  this 
Act,  and  every  officer  who  shall  hereafter  he  ai)j)ointed, 
shall,  hefore  he  enters  on  the  duties  of  his  office,  subscribe 
these  rules  and  regulations. 

Art.  2.  It  is  earnestly  recommended  to  all  officers  and 
soldiers  diligently  to  attend  divine  service  ;  and  all  officers 
who  shall  behave  indecently  or  irreverently  at  any  place  of 
divine  worship  shall,  if  eoniniissionod  officers,  be  brought 
before  a  general  court-martial,  there  to  be  pul>licly  and 
severely  reprimanded  by  the  President ;  if  non-commis- 
sioned officers  or  soldiers,  every  person  so  offending  shall, 
for  his  first  offense,  forfeit  one-sixth  of  a  dollar,  to  be  de- 
ducted out  of  his  next  pay;  for  the  second  offense,  he  shall 
not  only  forfeit  a  like  sum,  but  be  coniined  twenty-four 
hours ;  and  for  every  like  offense,  shall  suffer  and  pay  in 
like  manner;  which  money,  so  forfeited,  shall  be  applied, 
by  the  captain  or  senior  officer  of  the  troop  or  company,  to 
the  use  of  the  sick  soldiers  of  the  company  or  troop  to 
which  the  offender  belongs. 

Art.   3.    Any  non-commissioned  officer  or  soldier  who 


*  These  rules  and  article!',  with  the  exceptions  indicated  by  the  notes  annexed  to 

articles  20,  65,  and  S7.  remain  iinaltered,  and  in  force  at  present. 


shall  use  any  profane  oath  or  exec-ration,  shall  imur  the 
penalties  expressed  in  the  f()reo:()in<;  article  ;  and  a  com- 
missioned officer  shall  foi't'eit  and  pay,  for  each  and  every 
such  offense,  one  dollar,  to  he  ai)plie(l  as  in  the  preceding 
article. 

Art.  4.  Every  chai)lain  commissioned  in  the  army  or 
armies  of  the  Confederate  States,  who  shall  ahsent  himself 
from  the  duties  assigned  liim  (excepting  in  cases  of  sick- 
ness or  leave  of  ahsence),  shall,  on  conviction  thereof 
before  a  court-martial,  be  lined  not  exceeding  one  month's 
pay,  besides  the  loss  of  his  })ay  during  his  absence  ;  or  be 
discharged,  as  the  said  court-martial  shall  judge  proper. 

Art.  5.  Any  officer  or  soldier  who  shall  use  contemptuous 
or  disrespectful  words  against  the  President  of  the  Confed- 
erate States,  against  the  Vice-President  thereof,  against  the 
Congress  of  the  Confederate  States,  or  against  the  Chief 
Magistrate  or  Leo-islature  of  anv  of  the  Confederate  States 
in  which  he  may  be  quartered,  if  a  commissioned  officer, 
he  shall  be  cashiered,  or  otherwise  punished,  as  a  court- 
martial  shall  direct;  if  a  non-commissioned  officer  or  soldier, 
he  shall  suffer  such  punishment  as  shall  be  inflicted  on  him 
by  the  sentence  of  a  court-martial. 

Art.  6.  Any  officer  or  soldier  who  shall  behave  himself 
Vv'ith  contempt  or  disrespect  towards  his  commanding  officer, 
shall  be  punished,  according  to  the  nature  of  his  oflense,  b}' 
the  judgment  of  a  court-martial. 

Art.  7.  Any  officer  or  soldier  who  shall  begin,  excite, 
cause,  or  join  in,  any  mutiny  or  sedition,  in  any  troop  or 
company  in  the  service  of  the  Confederate  States,  or  in 
any  party,  post,  detachment,  or  guard,  shall  sutler  death, 
or  such  other  punishment  as  by  a  court-martial  shall  be  in- 
flicted. 

Art.  8.  Any  officer,  non-commissioned  officer,  or  soldier 
who,  being  present  at  any  mutiny  or  sedition,  does  not  use 
his  utmost  endeavors  to  suppress  the  same,  or  coming  to 
the  knowledge  of  any  intended  mutiny,  does  not,  without 
delay,  give  information  thereof  to  his  commanding  officer, 
shall  be  punished  by  the  sentence  of  a  court-martial  with 
death,  or  otherwise,  according  to  the  nature  of  his  offense. 


Art.  9.  Any  officer  or  soldier  who  shall  strike  his  supe- 
rior officer,  or  draw  or  lift  up  any  weapon,  or  offer  any  vio- 
lence against  him,  beinii:  in  the  execution  of  his  office,  on 
any  pretense  whatsoever,  or  shall  disobey  any  lawful  com- 
mand of  his  superior  officer,  shall  suffer  death,  or  such 
other  punishment  as  shall,  according  to  the  nature  of  his 
offense,  he  inflicted  upon  him  by  the  sentence  of  a  court- 
martial. 

Art.  10.  Every  non-commissioned  officer  or  sgldier,  who 
shall  enlist  himself  in  the  service  of  the  Confederate  States, 
shall,  at  the  time  of  so  enlisting,  or  within  six  days  after- 
ward, have  the  Articles  for  the  government  of  the  armies 
of  the  Confederate  States  read  to  him,  and  shall,  by  the 
officer  who  enlisted  him,  or  by  the  commanding  officer  of 
the  troop  or  company  into  which  he  was  enlisted,  be  taken 
before  the  next  justice  of  the  peace,  or  chief  magistrate  of 
any  city  or  town  corporate,  not  being  an  officer  of  the  army, 
or  where  recourse  cannot  be  had  to  the  civil  magistrate, 
before  the  judge  advocate,  and  in  his  presence  shall  take 
the  following  oath  or  affirmation  :  "  I,  A  B,  do  solemnly 
swear  or  affirm  (as  the  case  may  be),  that  1  will  bear  true 
allegiance  to  the  Confederate  States  of  America,  and  ihat 
I  will  serve  tlieni  honestly  anil  faithfully  against  all  theii- 
enemies  or  opposers  whatsoever;  and  observe  and  obey  the 
orders  of  the  President  of  the  Confederate  States,  and  the 
orders  of  the  officers  appointed  over  me,  according  to  the 
Rules  and  Articles  for  the  government  of  the  armies  ol 
the  Confederate  States."  Which  justice,  magistrate,  or 
judge-advocate  is  to  give  to  the  officer  a  certiticate,  signify- 
ing that  the  man  enlisted  did  take  the  said  oath  or  affirma- 
tion. 

Art.  11.  After  a  non-commissioned  officer  or  soldier 
shall  have  been  duly  enlisted  and  sworn,  he  shall  not  be 
dismissed  the  service  without  a  discharge  in  writing ;  and 
no  discharge  granted  to  him  shall  be  sufficient  which  is  not 
signed  by  a  tield  officer  of  the  regiment  to  which  he  be- 
longs, or  commanding  officer,  where  no  field  officer  of  the 
regiment  is  present ;  and  no  discharge  shall  be  given  to  a 
non-commissioned  officer  or  soldier  before  his  term  of  ser- 
vice has  expired,  but  by  order  of  the  President,  the  Secre- 
tary of  War,  the  commanding  officer  of  a  department,  or 
the  sentence  of  a  general  court-martial ;  nor  shall  a  com- 
missioned officer  be  discharged  the  service  but  by  order  of 


6 

the  President  of  the  Confederate  States,  or  by  sentence  of  a 
general  court-martial. 

Art.  12.  Every  colonel,  or  other  officer  commanding  a 
regiment,  troop,  or  company,  and  actually  quartered  with 
it,  may  give  furloughs  to  non-commissioned  officers  or  sol- 
diers, in  such  numbers,  and  for  so  long  a  time,  as  he  shall 
judge  to  be  most  consistent  with  the  good  of  the  service ; 
and  a  captain,  or  other  inferior  officer,  e(Mninanding  a  troop 
or  com[>any,  or  in  any  garrison,  fort,  or  barrack  of  the  Con- 
federate States  (his  field  officer  being  absent),  may  give  fur- 
loughs to  non-commissioned  officers  or  soldiers,  for  a  time 
not  exceeding  twenty  days  in  six  months,  but  not  to  more 
than  two  persons  to  be  absent  at  the  same  time,  excepting 
some  extraordinary  occasion  should  require  it. 

Art,  13.  At  every  muster,  the  commanding  officer  of 
each  regiment,  troop,  or  company,  there  present,  shall  give 
to  the  commissary  of  musters,  or  other  officer  who  musters 
the  said  regiment,  troop,  or  company,  certificates  signed  by 
himself,  signifying  how  long  such  officers,  as  shall  not  ap- 
pear at  the  said  muster,  have  been  absent,  and  the  reason 
of  their  absence.  In  like  manner,  the  commanding  officer 
of  every  troop  or  company  shall  give  certificates,  signifying 
the  reasons  of  the  absence  of  the  non-commissioned  officers 
and  private  soldiers  ;  which  reasons  and  time  of  absence 
shall  be  inserted  in  the  muster-rolls,  opposite  the  names  of 
the  respective  absent  officers  and  soldiers.  The  certificates 
shall,  together  with  the  muster-rolls,  be  remitted  by  the 
commissary  of  musters,  or  other  officer  mustering,  to  the 
Department  of  War,  as  speedily  as  the  distaiice  of  the  place 
will  admit. 

Art.  14.  Every  officer  who  shall  be  convicted  before  a 
general  court-martial  of  having  signed  a  false  certificate 
relating  to  the  absence  of  either  officer  or  private  soldier, 
or  relative  to  his  or  their  pay,  shall  be  cashiered. 

Art.  15.  Every  officer  who  shall  knowingly  make  a  false 
muster  of  man  or  horse,  and  every  officer  or  commissary  of 
musters  who  shall  willingly  sign,  direct,  or  allow  the  sign- 
ing of  muster-rolls  wherein  such  false  muster  is  contained, 
shall,  upon  proof  made  thereof,  by  two  witnesses,  before  a 
general  court-martial,  be  cashiered,  and  shall  be  thereby 
utterly  disabled  to  have  or  hold  any  office  or  employment 
in  the  service  of  the  Confederate  States. 


Art.  16.  Any  commissary  of  musters,  or  other  officer, 
who  shall  be  convicted  of  having  taken  money,  or  other 
thing,  by  way  of  gratification,  on  mustering  any  regiment, 
troop,  or  compan}',  or  on  signing  muster-rolls,  shall  be  dis- 
placed from  his  office,  and  shall  be  thereby  utterl}-  disabled 
to  have  or  hold  any  office  or  employment  in  the  service  of 
the  Confederate  States. 

Art.  17.  Any  officer  who  shall  presume  to  muster  a  per- 
son as  a  soldier  who  is  not  a  soldier,  shall  be  deemed  guilty 
of  having  made  a  false  muster,  and  shall  sulFer  accordingly. 

Art.  18.  Every  officer  Avho  shall  knowingly  make  a  false 
return  to  the  Department  of  AVar,  or  to  any  of  his  superior 
officers,  authorized  to  call  for  such  returns,  of  the  state  of 
the  regiment,  troop,  or  company,  or  garrison,  under  his 
command ;  or  of  the  arms,  ammunition,  clothing,  or  other 
stores  thereunto  l)elonging,  shall,  on  conviction  thereof  be- 
fore a  court-martial,  be  cashiered. 

Art.  19.  Tlie  commanding  officer  of  every  regiment, 
troop  or  independent  company,  or  garrison,  of  the  Confed- 
erate States,  shall,  in  the  beginning  of  every  month,  remit, 
through  the  proper  channels,  to  the  Department  of  War, 
an  exact  return  of  the  regiment,  troop,  independent  com- 
pany, or  garrison,  under  his  command,  specifying  the  names 
of  the  oificers  then  absent  from  their  posts,  with  the  reasons 
for  and  the  time  of  their  absence.  And  any  officer  who 
shall  be  convicted  of  having,  through  neglect  or  design, 
omitted  sending  such  returns,  shall  be  punished,  according 
to  the  nature  of  his  crime,  by  the  judgment  of  a  general 
court-martial. 

Art.  20,  All  officers  and  soldiers  who  have  received  pay, 
or  have  been  duly  enlisted  in  the  service  of  the  Confederate 
States,  and  shall  be  convicted  of  having  deserted  the  same, 
shall  suft'er  death,  or  such  other  punishment  as,  by  sentence 
of  a  court-martial,  shall  be  inflicted.* 

Art.  21.  Any  non-commissioned  officer  or  soldier  who 
shall,  without  leave  from  his  commanding  officer,  absent 
himself  from  his  troop,  company  or  detachment,  shall,  upon 

*  Modified  by  Act  of  29th  May,  1830. 


8 

being  convicted  thereof,  be  punished  aecording  to  the  na- 
ture of  his  offense,  at  the  discretion  of  a  court-martial. 

Art.  22.  Xo  non-commissioned  officer  or  soldier  shall 
enlist  himself  in  any  other  regiment,  troop  or  company, 
without  a  regular  discharge  from  the  regiment,  troop  or 
company  in  Avhich  he  lias  last  served,  on  the  penalty  of 
being  reputed  a  deserter,  and  suffering  accordingly.  And 
in  case  any  officer  shall  knowingly  receive  and  entertain 
such  non-commissioned  officer  or  soldier,  or  shall  not,  after 
his  being  discovered  to  he  a  deserter,  immediateh'  confine 
him,  and  give  notice  thereof  to  the  corps  in  which  he 
last  served,  the  said  officer  shall,  by  a  court-martial,  be 
cashiered. 

Art.  23.  Any  officer  or  soldier  who  shall  be  convicted  of 
having  advised  or  persuaded  any  other  officer  or  soldier  to 
desert  the  service  of  the  Confederate  States,  shall  suffer 
death,  or  such  other  punishment  as  shall  be  inflicted  upon 
him  by  the  sentence  of  a  court-martial. 

Art.  24.  No  officer  or  soldier  who  shall  use  any  reproach- 
ful or  provoking  speeches  or  gestures,  to  another,  upon 
pain,  if  an  officer,  of  being  put  in  arrest ;  if  a  soldier,  con- 
lined,  and  of  asking  pardon  of  the  i>arty  offended,  in  the 
presence  of  his  commanding  officer. 

Art.  25.  No  officer  or  soldier  shall  send  a  challenge  to 
another  officer  or  soldier  to  fight  a  duel,  or  accept  a  chal- 
lenge if  sent,  upon  pain,  if  a  commissioned  officer,  of  being 
cashiered;  if  a  non-commissioned  officer  or  soldier,  of  suf- 
fering corporeal  punishment,  at  the.  discretion  of  a  court- 
martial. 

Art.  26.  If  any  commissioned  or  non-commissioned 
officer  commanding  a  guard,  shall  knowingly  or  willing!}'- 
suffer  any  person  whatsoever  to  go  forth  to  fight  a  duel,  he 
shall  be  punished  as  a  challenger  ;  and  all  seconds,  promo- 
ters, and  carriers  of  challenges,  in  order  to  duels,  shall  be 
deemed  principals,  and  be  punished  accordingly.  And  it 
shall  be  the  duty  of»every  officer  commanding  an  army, 
regiment,  company,  post  or  detachment,  who  is  knowing 
to  a  challenge  being  given  or  accepted  by  any  officer,  non- 
commissioned officer,  or  soldier,  under  his  command,  or 
has  reason  to  believe  the  same  to  be  the  case,  immediately 
to  arrest  and  bring  to  trial  such  offenders. 


9 

Art.  27.  All  officers,  of  what  condition  soever,  have 
power  to  part  iind  quell  all  quarrels,  frajs  and  disorders, 
though  the  persons  concerned  should  belong  to  another 
regiment,  troop  or  company  ;  and  either  to  order  officers 
into  arrest,  or  non  commissioned  officers  or  soldiers  into 
confinement,  until  their  proper  superior  officer  shall  be 
acquainted  therewith ;  and  whosoever  shall  refuse  to  obey 
such  officer  (though  of  an  inferior  rank),  or  shall  draw  his 
sword  upon  him,  shall  be  punished  at  the  discretion  of  a 
general  court-martial. 

Art.  28.  Any  officer  or  soldier  who  shall  upbraid  another 
for  refusing  a  challenge,  shall  himself  be  i)unished  as  a 
challenger ;  and  all  officers  and  soldiers  are  hereby  dis- 
charged from  any  disgrace  or  opinion  of  disadvantage  which 
might  arise  from  their  having  refused  to  acce]it  of  chal- 
lenges, as  they  will  only  have  acted  in  obedience  to  the 
laws,  and  done  their  duty  as  good  soldiers  who  subject 
themselves  to  discipline. 

Art.  29.  No  sutler  shall  be  permitted  to  sell  any  kind  of 
liquors  or  victuals,  or  keep  their  houses  or  shops  open  for 
the  entertainment  of  soldiers,  after  nine  at  night,  or  before 
the  beating  of  the  reveille,  or  upon  Sundays,  during  divine 
service  or  sermon,  on  the  penalty  of  being  dismissed  from 
all  future  sutling. 

Art.  30.  All  officers  commanding  in  the  field,  forts,  bar- 
racks, or  garrisons  of  the  Confederate  States,  are  hereb}' 
required  to  see  that  the  persons  permitted  to  suttle  shall 
supply  the  soldiers  with  good  and  wholesome  provisions,  or 
other  articles,  at  a  reasonable  price,  as  they  shall  be  answer- 
able for  their  neglect. 

Art.  31.  No  officer  commanding  in  any  of  the  garri- 
sons, forts,  or  barracks  of  the  (\)nfederate  States,  shall 
exact  exorbitant  prices  for  houses  or  stalls,  let  out  to  sut- 
lers, or  connive  at  the  like  exactions  in  others;  nor  by  his 
own  authority  and  for  his  private  advantage,  lay  any  duty 
or  imposition  upon,  or  be  interested  in,  the  sale  of  any 
victuals,  liquors,  or  other  necessaries  of  life,  brought  into 
the  garrison,  fort,  or  barracks,  for  the  use  of  the  soldiers, 
on  the  penalty  of  being  discharged  from  the  service. 

Art.  32.  Every  officer  commanding  in   quarters,  garri- 


10 

8ons,  or  on  the  march,  shall  keep  good  order,  and,  to  tlie 
utmost  of  his  power,  redress  all  abuses  or  disorders  which 
may  be  committed  by  any  officer  or  soldier  under  liis  com- 
mand; if,  upon  complaint  made  to  him  of  officers  or 
soldiers  beating  or  otherwise  ill-treating  any  person,  or  dis- 
turbing fairs  or  markets,  or  of  committing  any  kind  of 
riots,  to  the  disquieting  of  the  citizens  of  the  Confederate 
States,  he,  the  said  commander,  who  shall  refuse  or  omit  to 
see  justice  done  to  the  offender  or  offenders,  and  reparation 
made  to  the  party  or  parties  injured,  as  far  as  part  of  the 
offenders  pay  shall  enable  him  or  them,  sliall,  upon  ])roof 
thereof,  be  cashiered,  or  otherwise  punished,  as  a  general 
court-martial  shall  direct. 

Art.  33.  When  any  commissioned  officer  or  soldier  shall 
be  accused  of  a  capital  crime,  or  of  having  used  violence, 
or  committed  any  offence  against  the  person  or  property  of 
any  citizen  of  any  of  the  Confederate  States,  such  as  is 
punishable  by  the  known  laws  of  the  land,  the  command- 
ing officer  and  officers  of  every  regiment,  troop  or  cora- 
pan}^  to  which  the  person  or  persons  so  accused  shall 
belong,  are  hereby  required,  upon  application  duly  made 
by,  or  in  behalf  of  the  party  or  parties  injured,  to  use  their 
utmost  endeavors  to  deliver  over  such  accused  person  or 
persons  to  the  civil  magistrate,  and  likewise  to  be  aiding 
and  assisting  to  the  officers  of  justice  in  apprehending  and 
securing  the  person  or  persons  so  accused,  in  order  to  bring 
him  or  them  to  trial.  If  any  commanding  officer  or  officers 
shall  willfully  neglect,  or  shall  refuse,  upon  the  application 
aforesaid,  to  deliver  over  such  accused  person  or  persons 
to  the  civil  magistrates,  or  to  be  aiding  and  assisting  to  the 
officers  of  justice  in  apprehending  such  person  or  persons, 
the  officer  or  officers  so  offending  shall  be  cashiered. 

Art.  34.  If  any  officer  shall  think  himself  wronged  by 
his  colonel,  or  the  commanding  officer  of  the  regiment, 
and  shall  upon  due  application  being  made  to  him,  be 
refused  redress,  he  may  complain  to  the  general  command- 
ing in  the  State  or  Territor}-  where  such  regiment  shall  be 
stationed,  in  order  to  obtain  justice;  who  is,  hereby  re- 
quired to  examine  into  said  complaint  and  take  proper 
measures  for  redressing  the  wrong  complained  of,  and 
transmit,  as  soon  as  possible,  to  the  Department  of  War,  a 
true  state  of  such  complaint,  with  the  proceedings  had 
thereon. 


11 

Art.  35.  If  any  inferior  officer  or  soldier  shall  think 
himself  wronged  by  his  captain  or  other  officer,  he  is  to 
complain  thereof  to  the  commanding  officer  of  the  regi- 
ment, who  is  hereby  required  to  summon  a  regimental 
court-martial,  for  the  doing  justice  to  the  complainant, 
from  which  regimental  court-martial  either  party  may,  if 
he  thinks  hiniself  still  aggrieved,  appeal  to  a  general 
court-martial.  But  if,  upon  a  second  hearing,  the  appeal 
shall  appear  vexatious  and  groundless,  the  person  so  ap- 
pealing shall  be  punished  at  the  discretion  of  the  said 
court-martial. 

Art.  36.  Any  commissioned  officer,  store-keeper,  or  com- 
missary, who  shall  be  convicted  at  a  general  court-martial 
of  having  sold  without  a  proper  order  for  that  purpose, 
embezzled,  misapplied,  or  wilfully,  ^x  through  neglect, 
suffered  any  of  the  provisions,  forage,  arms,  clothing,  am- 
munition or  other  military  stores  belonging  to  the  Confed- 
erate States  to  be  spoiled  or  damaged,  shall,  at  his  own 
expense,  make  good  the  loss  or  damage,  and  shall,  more- 
over, forfeit  all  his  pay,  and  he  dismissed  from  the  service. 

Art.  37.  Any  non-commissioned  officer  or  soldier  who 
shall  be  convicted  at  a  regimental  court-martial  of  having 
sold,  or  designedly,  or  through  neglect,  wasted  the  ammu- 
nition delivered  out  to  him,  to  be  employed  in  the  service 
of  the  Confederate  States,  shall  be  punished  at  the  discre- 
tion of  such  court. 

Art.  38.  Every  non-commissioned  officer  or  soldier  who 
shall  be  convicted  before  a  court-martial  of  having  sold, 
lost,  or  spoiled,  through  neglect,  his  horse,  arms,  clothes, 
or  accoutrements,  shall  undergo  such  weekly  stoppages  (not 
exceeding  the  half  of  his  pay)  as  such  court-martial  shall 
judge  sufficient  for  repairing  the  loss  or  damage:  and  shall 
sufter  confinement,  or  such  other  corporeal  punishment  as 
his  crime  shall  deserve. 

Art.  39.  Every  officer  Avho  shall  be  convicted  before  a 
court-martial  of  having  embezzled  or  misapplied  an}- 
money  with  which  he  may  have  l)een  intrusted,  for  the 
payment  of  the  men  under  his  command,  or  for  enlisting 
men  into  the  service,  or  for  other  purposes,  if  a  commis- 
sioned officer,  shall  be  cashiered,  and  compelled  to  refund 
the  money:  if  a  non-commissioned  officer,  shall  be  reduced 


12 

to  the  ranks,  be  piit  under  stoppaces  until  the  money  be 
made  p:ood,  and  suffer  sucli  corporeal  punishment  as  such 
court-martial  shall  direct. 

Art.  40.  Every  captain  of  a  troop  or  com]tany  is  charged 
with  the  arms,  accoutrements,  ammunition,  clothinir.  or 
other  warlike  stores  belonging  to  tlu'  troop  or  company 
under  his  command,  which  he  is  to  l)e  accountable  for  to  his 
colonel  in  case  of  their  being  lost,  spoiled,  or  damaged,  not 
by  unavoidable  accidents,  or  on  actual  service. 

Art.  41,  All  non-commissioned  otticers  and  soldiers  who 
shall  l)e  found  one  mile  from  the  cam}i  witlumt  leave,  in 
writing,  from  their  commanding  otHcer,  shall  sutfer  such 
punishment  as  shall  be  inflicted  upon  them  by  the  sentence 
of  a  court-martial.    »• 

Art.  42.  Xo  officer  or  soldier  shall  lie  out  of  his  rpiar- 
ters,  garrison,  or  camp  witliout  leave  from  his  sui)erior 
officer,  upon  penalty  of  being  punished  according  to  the 
nature  of  his  offense,  by  the  sentence  of  a  court-martial. 

Art.  43.  Every  non-commissioned  officer  and  soldier 
shall  retire  to  his  quarters  or  tent  at  the  beating  of  the  re- 
treat ;  in  default  of  which  he  shall  be  punished  according 
to  the  nature  of  his  offense. 

Art.  44.  Xo  officer,  non-commissioned  officer,  or  soldier 
shall  fail  in  repairing,  at  the  time  fixed,  to  the  place  of 
parade,  of  exercise,  or  other  rendezvous  ap]»ointed  by  his 
commanding  officer,  if  not  prevented  by  sickness  or  some 
other  evident  necessity,  or  shall  go  from  the  said  place  of 
rendezvous  without  leave  from  his  commanding  officer, 
before  he  shall  be  regularly  dismissed  or  relieved,  on  the 
penalty  of  being  i)unished  according  to  the  nature  of  his 
offense,  by  the  sentence  of  a  court-martial. 

Art.  45.  Any  commissioned  officer  who  shall  be  found 
drunk  on  his  guard,  party,  or  other  duty,  shall  be  cashiered. 
Any  non-commissioned  officer  or  soldier  so  offending  shall 
suffer  such  corporeal  punishment  as  shall  be  inflicted  by 
the  sentence  of  a  court-martial. 

Art.  46.  Any  sentinel  who  shall  be  found  sleeping  upon 
his  post,  or  shall  leave  it  before  he  shall  be  regularly  re- 


u 

lieved,  shall  suffer  death,  or  such  other  punishment  as  shall 
be  inflicted  by  the  sentence  of  a  court-martial. 

Art.  47.  Xo  soldier  belonging  to  auv  regiment,  troop  or 
company  shall  hire  another  'to  do  his  duty  for  him,  or  be 
excused  from  duty  but  in  cases  of  sickness,  disability,  or 
leave  of  absence  ;'  and  every  such  soldier  found  guilty  ot 
hiring  his  duty,  as  also  the  party  so  hired  to  do  another  s 
duty ,%hall  be' punished  at  the  discretion  of  a  regimental 
court-martial. 

Art.  48.  And  everv  non-commissioned  officer  conniving 
at  such  hiriiiij  of  duty  aforesaid,  shall  l>e  reduced:  aiul 
every  commissioned  oihcer  knowing  and  allowing  such  ill 
practices -ill  the  service,  shall  be  punished  by  the  judgment 
of  a  general  court-martial. 

f 

Art.  49.  Anv  officer  belonging  to  the  service  of  the  Con- 
federate States,"  who,  by  discharging  of  ffre-arms,  drawing 
of  swords,  beating  of  drums,  or  by  any  other  means  what- 
soever, shall  occasion  false  alarms  in  camp,  garrison,  or 
quarters,  shall  suffer  death,  or  such  other  punishment  as 
shall  be  ordered  by  the  sentence  of  a  general  court-martial. 

Art.  50.  Any  officer  or  soldier  who  shall,  without 
urgent  necessitv,' or  without  the  leave  of  his  superior  offi- 
cer, quit  his  giiard,  platoon,  or  division,  shall  be  punished, 
according  to  the  nature  of  his  offense,  l)y  the  sentence  ot  a 
court-martial. 

Art.  51.  Xo  officer  or  soldier  shall  do  violence  to  any 
person  who  lu'iuirs  provisions  or  other  necessaries  to  the 
camp,  garrison,  or  quarters  of  the  forces  of  the  Confederate 
States,'employed  in  any  parts  out  of  the  said  States,  upon 
pain  of  death,"  or  such  other  punishment  as  the  court-martial 
shall  direct. 

Art.  52.  Any  officer  or  soldier  who  shall  misbehave  him- 
self before  the"  enemy,  run  away,  or  shamefully  abandon 
any  fort,  post,  or  guard  which  he  or  they  may  be  com- 
manded to  defend,  or  speak  words  inducing  others  to  do 
the  like,  or  shall  cast  awav  his  arms  and  ammunition,  or 
who  shall  quit  his  post  or  colors  to  plunder  and  pillage, 
every  such  offender,  being  duly  convicted  thereot,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  ordered 
l)y  the  sentence  of  a  general  court-martial. 


14 

Art.  53.  Any  person  belonging  to  the  armies  of  the  Con- 
federate States  who  shall  make  known  the  watchword  to 
any  person  who  is  not  entitled  to  receive  it  according  to  the 
rules  and  disoii>line  of  war,  or  shall  presume  to  give  a  ])arol 
or  watdnvord  ditferent  from  what  he  received,  shall  suffer 
death,  or  such  other  punishment  as  shall  he  oi-dered  by  the 
sentence  of  a  general  court-martial. 

Art.  54.  All  otticers  and  soldiers  are  to  behave  themselves 
orderly  in  quarters  and  on  their  march  ;  and  wlioever  shall 
(;ommit  any  waste  or  spoil,  either  in  walks  of  trees,  parks, 
warrens,  fish-ponds,  houses,  or  gardens,  corn-fields,  inclos- 
ure  of  meadows,  or  shall  maliciously  destroy  any  projicrty 
whatsoever  belonging  to  the  inhabitants  of  the  Confederate 
States,  unless  by  order  of  the  then  commander-in-chief  of 
the  armies  of  the  said  States,  shall  (beside  such  penalties 
as  they  a^e  liable  to  by  law),  be  punished  according  to  the 
nature  and  degree  of  the  offense,  by  the  judgment  of  a 
regimental  or  general  court-martial. 

Art.  55.  Whosoever,  belonging  to  the  armies  of  the  Con- 
federate States  in  foreign  parts,  shall  force  a  safeguard,  shall 
suffer  death. 

Art.  56.  Wliosoever  shall  relieve  the  enemy  with  money, 
victuals,  oi-  ammunition,  or  shall  knowingly  harbor  or  pro- 
tect an  enem}^  shall  suffer  death,  or  such  other  punishment 
as  shall  be  ordered  by  the  sentence  of  a  court-martial. 

Art.  57.  Whosoever  shall  be  convicted  of  holding  cor- 
respondence with,  or  giving  intelligence  to,  the  enemy, 
eitlier  directly  or  indirectly,  shall  suffer  death,  or  such 
other  punishment  as  shall  be  ordered  by  the  sentence  of  a 
court-martial. 

Art.  58.  All  public  stores  taken  in  the  enemy's  camp, 
towns,  forts,  or  magazines,  whethoi-  of  artillery,  ammuni- 
tion, clothing,  forage  or  provisions,  shall  be  secured  for  the 
service  of  the  Confederate  States ;  for  the  neglect  of  which 
the  commanding  officer  is  to  be  answerable. 

Art.  59.  If  any  commander  of  any  garrison,  fortress,  or 
post  shall  be  compelled  by  the  officers  and  soldiers  under 
his  command,  to  give  u])  to  the  enemy,  or  to  abandon  it, 
the  commissioned  officers,  non-commissioned  officers,  or  sol- 


15 

diers  who  shall  be  convicted  of  having  so  oftended,  shall 
suffer  death,  or  such  other  punishment  as  shall  be  inflicted 
upon  them  by  the  sentence  of  a  court-martial. 

Akt.  60.  All  sutlers  and  retainers  to  the  camp,  and  all 
persons  whatsoever,  serving  with  the  armies  of  the  Con- 
federate States  in  the  field,  though  not  enlisted  soldiers, 
are  to  be  subject  to  orders,  according  to  the  rules  and  dis- 
cipline of  war. 

Art.  61.  Officers  having  brevets  or  commissions  of  a 
prior  date  to  those  of  the'  corps  in  which  they  serve  will 
take  place  on  courts-martial  or  of  inquiry,  and  on  boards 
detailed  for  military  purpose,  when  composed  of  different 
corps,  according  to  the  ranks  given  them  in  their  brevet  or 
former  commissions,  but  in  the  regiment,  corps  or  company 
to  whit'h  such  ofiicers  belong,  they  shall  do  duty  nud  take 
rank,  both  in  courts  and  on  i)oar(ls  as  aforesaid,  Avhich  shall 
be  composed  of  their  own  corps,  according  to  the  commis- 
sion by  which  they  are  there  mustered. 

Akt.  62.  If  upon  marches,  guards,  or  in  quarters,  differ- 
ent corps  shall  happen  to  join  or  do  duty  together,  the  officer 
liighest  in  rank,  according  to  the  conmiission  by  which  he 
is  mustered  in  the  army,  uaA^',  marine  corps  or  militia,  there 
on  dutv  bv  orders  from  competent  authority,  shall  command 
the  wliolc  and  give  orders  for  what  is  needful  for  the  ser- 
vice, unless  otherwise  directed  by  the  President  of  the 
Confederate  States  in  orders  of  special  assignment  provid- 
ing for  the  case. 

Art.  63.  The  functions  of  the  engineers  being  generally 
confined  to  the  most  elevated  branch  of  military  science, 
they  are  not  to  assume,  nor  are  they  subject  to  be  ordered 
on  *anv  dutv  beyond  the  line  of  their  immediate  profession, 
except  by  the  special  order  of  the  President  of  the  Confed- 
erate States;  but  they  are  to  receive  every  mark  of  respect 
to  which  their  rank  in  the  army  may  entitle  them  respect- 
ivelv,  and  are  liable  to  be  transferred,  at  the  discretion  of 
the* President,  from  one  corps  to  another,  regard  being 
paid  to  rank. 

Art.  64.  General  courts-martial  may  consist  of  any  num- 
ber of  commissioned  officers,  from  five  to  thirteen,  inclu- 
sively ;  but   they  shall   not   consist  of  less   than   thirteen 


1$ 

where  that  number  can  be  convened  without  manifest  in- 
jur}- to  tlie  service. 

Art.  Go.*  Any  general  officer  commanding  an  army,  or 
colonel  commanding  a  separate  department,  may  appoint 
general  courts-martial  whenever  necessary.  But  no  sen- 
tence of  a  court-martial  shall  be  carried  into  execution 
until  after  the  whole  proceedings  shall  have  been  laid  be- 
fore the  officer  ordering  the  same,  or  the  officer  command- 
ing the  troops  for  the  time  being;  neither  shall  any  sentence 
of  a  general  court-martial,  in  the  time  of  peace,  extending 
to  the  loss  of  life,  or  the  dismission  of  a  commissioned  offi- 
cer, or  which  shall,  either  in  time  of  peace  or  war,  respect 
a  general  officer,  be  carried  into  execution,  until  after  the 
whole  proceedings  shall  have  been  transmitted  to  the  Sec- 
retary' of  War,  to  be  laid  before  the  President  of  the  Con- 
federate States  for  his  confirmation  or  disapproval,  and 
orders  in  the  case.  All  other  sentences  may  be  confirmed 
and  executed  by  the  officer  ordering  the  court  to  asseml)le, 
or  commanding  officer  for  the  time  being  as  the  case 
may  be. 

Art.  Q6.  Every  officer  commanding  a  regiment  or  corps 
may  appoint  for  his  own  regiment  or  corps,  courts-martial 
to  consist  of  three  commissioned  officers,  for  the  trial  and 
punishment  of  offences  not  capital,  and  decide  upon  their 
sentences.  For  the  same  purpose  all  officers  commanding 
any  of  the  garrisons,  forts,  barracks,  or  other  places  where 
the  troops  consist  of  different  corps,  may  assemble  oourts- 
martial,  to  consist  of  three  commissioned  officers,  and  de- 
cide upon  their  sentences. 

Art.  67.  ^o  garrison  or  regimental  court-martial  shall 
have  the  power  to  try  capital  cases  or  commissioned  offi- 
cers ;  neither  shall  they  inflict  a  fine  exceeding  one  month's 
pay,  nor  imprison,  nor  put  to  hard  labor,  any  non-commis- 
sioned officer  or  soldier  for  a  longer  time  than  one  month. 

Art.  6S.  "Whenever  it  may  be  found  convenient  and 
necessary  to  the  public  service,  the  officers  of  the  marines 
shall  be  associated  with  the  officers  of  the  land  forces,  for 
the  purpose  of  holding  courts-martial,  and  trying  offenders 
belonging  to  either;  and,  in  such  cases,  the  orders  of  the 

*  Modified  by  Act  of  26th  May,  1830. 


17 

senior  officer  of  either  corps  who  may  be  present  and  duly 
authorized,  shall  be  received  and  obeyed. 

Aet.  69.  The  judge-advocate  or  some  person  deputed  by 
him,  or  by  the  general,  or  officer  commanding  the  army, 
detachment  or  garrison,  shall  prosecute  in  the  name  of  the 
Confederate  States,  but  shall  so  far  C(nisider  himself  as 
counsel  for  the  prisoner,  after  the  said  prisoner  sliall  have 
made  his  plea,  as  to  object  to  any  leading  question  to  any 
of  the  witnesses,  or  any  question  to  the  prisoner,  the 
answer  to  which  might  tend  to  criminate  himself;  and 
administer  to  each  mei\iber  of  the  court,  before  they  pro- 
ceed upon  any  trial,  the  following  oath,  which  shall  also  be 
taken  by  all  members  of  the  regimental  and  garrison  courts- 
martial  : 

"  You,  A  B,  do  swear  that  you  will  well  and  truly  try 
and  determine,  according  to  evidence,  the  matter  now 
before  you,  l)etween  the  Confederate  States  of  America  and 
the  prisoner  to  be  tried,  and  that  you  will  duly  administer 
justice,  according  to  the  provisions  of  'An  Act  establisliing 
Rules  and  Articles  for  the  government  of  the  armies  *f  the 
Confederate  States,'  without  partiality,  favor  or  affection  ; 
and  if  any  doubt  should  arise,  not  explained  by  said  Arti- 
cles, according  to  your  conscience,  the  best  of  your  under- 
standing, and  the  custom  of  war  in  like  cases;  and  you  do 
further  swear  that  3'ou  will  not  divulge  the  sentence  of  the 
court  until  it  shall  be  published  by  the  proper  authority ; 
neither  will  you  disclose  or  discover  the  vote  or  opinion  of 
any  particular  member  of  the  court-martial,  unless  required 
to  give  evidence  thereof,  as  a  ^\dtness,  by  a  court  of  justice, 
in  due  course  of  law.     So  help  you  God." 

As  soon  as  the  said  oath  shall  have  been  administered  to 
the  respective  members,  the  president  of  the  court  shall 
administer  to  the  judge-advocate,  or  person  officiating  as 
such,  an  oath  in  the  following  words  : 

''  You,  A  B,  do  swear  that  you  will  not  disclose  or  dis- 
cover the  vote  or  opinion  of  any  particular  member  of  the 
court-martial,  unless  required  to  give  evidence  thereof,  as  a 
Mntness,  by  a  court  of  justice,  in  due  course  of  law;  nor 
divulge  the  sentence  of  the  court  to  any  but  the  proper 
authority,  until  it  shall  be  duly  disclosed  by  the  same.  So 
help  you  God." 


18 

Art.  70.  When  a  prisoner,  arraigned  before  a  general 
court-martial,  shall,  from  obstinacy  and  deliberate  design, 
stand  mute,  or  answer  foreign  to  the  purpose,  the  court 
may  proceed  to  trial  and  judgment  as  if  the  prisoner  had 
resfularlv  pleaded  not  guilty. 

Art.  71.  When  a  member  shall  be  challenged  by  a  pri- 
soner, he  must  state  his  cause  of  challenge,  of  which  the 
court  shall,  after  due  deliberation,  determine  the  relevancy 
or  validity,  and  decide  accordingly  ;  and  no  challenge  to 
more  than  one  member  at  a  time  shall  be  received  by  the 
court. 

Art.  72.  All  the  members  of  a  court-martial  are  to  be- 
have with  decency  and  calmness ;  and  in  giving  their  votes, 
are  to  bes-in  with  the  voungest  in  commission. 

Art.  73.  All  persons  who  give  evidence  before  a  court- 
martial,  are  to  be  examined  on  oath  or  affirmation,  in  the 
following  form : 

"T\>u  swear,  or  affirm  (as  the  case  may  be),  the  evidence 
you  shall  give  in  the  cause  now  in  hearing,  shall  be  the 
truth,  the  whole  truth,  and  nothing  but  the  truth.  So  lielp 
you  God." 

Art.  74.  On  the  trials  of  cases  not  capital,  before  courts- 
martial,  the  deposition  of  witnesses,  not  in  the  line  or  staff 
of  the  army,  may  be  taken  before  some  justice  of  the  peace, 
and  read  in  evidence;  provided  the  prosecutor  and  person 
accused  are  present  at  the  taking  the  same,  or  are  duly 
notified  thereof. 

Art.  75.  N'o  officer  shall  be  tried  but  by  a  general  court- 
martial,  nor  by  officers  of  an  inferior  rank,  if  it  can  be 
avoided.  Kor  shall  any  proceedings  of  trials  be  carried  on, 
excepting  between  the  hours  of  eight  in  the  morning  and 
three  in  the  afternoon,  excepting  in  cases  which,  in  the 
opinion  of  the  officers  appointing  the  court-martial,  require 
immediate  example. 

Art.  76.  Xo  person  whatsoever  shall  use  any  menacing 
words,  signs  or  gestures,  in  presence  of  a  court-martial,  or 
shall  cause  any  disorder  or  riot  or  distlii'b  their  proceed- 
ings, on  the  penalty  of  being  punished  at  the  discretion  of 
the  said  court-martial. 


19 

Art.  77.  Whenever  aii}-  officer  shall  be  charged  with  a 
crime,  he  shall  be  arrested  and  confined  in  his  barracks, 
quarters  or  tent,  and  deprived  of  his  sword  bj  the  com- 
manding officer.  And  any  officer  who  shall  leave  his  con- 
finement before  he  shall  be  set  at  liberty  by  his  commanding 
officer,  or  by  a  superior,  shall  be  cashiered. 

Art.  78.  iSTon-commissioned  officers  and  soldiers,  charged 
with  crimes,  shall  be  confined  until  tried  by  a  court-mar- 
tial, or  released  by  proper  authority. 

Art.  79.  No  officer  or  soldier  who  shall  be  put  in  arrest, 
shall  continue  in  confinement  more  than  eight  days,  or 
until  such  time  as  a  court-martial  can  be  assembled. 

Art.  80.  No  officer  commanding  a  guard,  or  provost 
marshal,  shall  refuse  to  receive  or  keep  any  prisoner  com- 
mitted to  his  chari»:e  by  an  officer  belonsfinsc  to  the  forces 
of  the  Confederate  States ;  provided  the  officer  committnig 
shall,  at  the  same  time,  deliver  an  account  in  writing, 
signed  by  himself,  of  the  crime  with  which  the  said  pri- 
soner is  charged. 

Art.  81.  No  officer  commanding  a  guard,  or  provost 
martial,  shall  presume  to  release  any  person  committed  to 
his  charge  without  proper  authority  for  so  doing,  nor  shall 
he  sufter  any  person  to  escape,  on  the  penalty  of  being 
punished  for  it  by  the  sentence  of  a  court-martial. 

Art.  82.  Ever}-  officer  or  provost  marshal,  to  whose 
charge  prisoners  shall  be  committed,  shall,  within  twenty- 
four  hours  after  such  commitment,  or  as  soon  as  he  shall 
be  relieved  from  his  guard,  make  report  in  Avriting,  to  the 
commanding  officer  of  their  names,  their  crimes,  and  the 
names  of  the  officers  who  committed  them,  on  the  penalty 
of  being  punished  for  disobedience  or  neglect,  at  the  dis- 
cretion of  a  court-martial. 

Art.  83.  Any  commissioned  officer  convicted  before  a 
general  court-martial  of  conduct  unbecoming  an  officer  and 
a  gentlemen,  shall  be  dismissed  the  service. 

Art.  84.  In  case  where  a  court-martial  may  think  it 
proper  to  sentence  a  commissioned  officer  to  be  suspended 
from  command,  they  shall  have  power  also  to  suspend  his 


20 

pay  and  emoluments  for  the  same  time,  according  to  the 
nature  and  heinousness  of  his  offense. 

Art.  85.  In  all  cases  where  a  commissioned  olRcer  is 
cashiered  for  cowardice  or  fraud,  it  shall  be  added  in  the 
sentence,  that  the  crime,  name  and  place  of  abode,  and 
punishment  of  the  delinquent,  be  published  in  the  newspa- 
pers in  and  about  the  camp,  and  of  the  particular  State 
from  which  the  offender  came,  or  where  he  usually  resides ; 
after  which  it  shall  be  deemed  scandalous  for  an  officer  to 
associate  with  him. 

Art.  86.  The  commanding  officer  of  any  post  or  detach- 
ment, in  which  there  shall  not  be  a  number  of  officers 
adequate  to  form  a  general  court-martial,  shall  in  cases 
which  require  the  cognizance  of  such  a  court,  report  to  the 
commanding  officer  of  the  department,  who  shall  order  a 
court  to  be  assembled  at  the  nearest  post  or  department 
and  the  party  accused,  with  necessary  witnesses,  to  be 
transported  to  the  place  where  the  said  court  sliall  be 
assembled. 

Art.  87.*  I^o  person  shall  be  sentenced  to  suffer  death 
but  by  the  concurrence  of  tA'o-thirds  of  the  members  of  a 
general  court-martial,  nor  except  in  the  cases  herein  ex- 
pressly mentioned  ;  nor  shnll  more  than  fftij  lashes  be  inflicted 
on  amj  offender,  at  the  dvcretion  of  a  covrt-mariial ;  and  no 
officer,  non-commissioned  officer,  soldier  or  follower  of  the 
army,  shall  be  tried  a  second  time  for  the  same  offense. 

Art.  88.  No  person  shall  be  liable  to  be  tried  and  pun- 
ished by  a  general  court-martial  for  any  offense  which  shall 
appear  to  have  been  committed  more  than  two  j-ears  before 
the  issuing  of  the  order  for  such  trial,  unless  the  person, 
by  reason  of  having  absented  himself,  or  some  other  mani- 
fest impediment,  shall  not  have  been  amenable  to  justice 
within  that  period. 

Art.  89.  Eveiy  officer  authorized  to  order  a  general 
court-martial  shall  havfe  power  to  pardon  or -mitigate  any 
punishment  ordered  by  such  court,  except  the  sentence  of 

*So  much  of  these  rules  and  articles  as  authorizes  the  infliction  of  corporeal 
punishment  by  stripes,  was  specially  repealed  by  Act  of  16th  May,  1812.  By  Act 
of  2d  March,  1833,  the  repealing  Act  was  repealed,  so  far  as  it  applied  to  the  crime 
of  desertion,  which,  of  course,  revived  the  punishment  by  lashes  for  that  offense. 


21 

death,  or  of  cashiering  an  officer ;  which,  in  the  cases  where 
he  has  authority  (by  Article  65)  to  carry  them  into  execu- 
tion, he  may  suspend,  until  the  pleasure  of  the  President 
of  the  Confederate  States  can  be  known ;  Avhich  suspen- 
sion, together  with  copies  of  the  proceedings  of  the  court- 
martial,"  the  said  officer  shall  immediately  transmit  to  the 
President  for  his  determiDation.  And  the  colonel  or  com- 
manding officer  of  the  regiment  or  garrison  where  any  re- 
gimental or  garrison  court-martial  shall  be  held,  may  par- 
don or  mitigate  any  punishment  ordered  by  such  court  to 
be  inflicted. 

Art.  90.  Every  judge-advocate,  or  person  officiating  as 
such,  at  any  general  court-martial,  shall  transmit,  ^yith  as 
much  expedition  as  the  opportunity  of  time  and  distance 
of  place  can  admit,  the  original  proceedings  and  sentence 
of  such  court-martial  to  the"^ Secretary  of  War;  which  said 
original  proceedings  and  sentence  shall  be  carefully  kept 
and  preserved  in  tlie  office  of  said  Secretary,  to  the  end  that 
the  persons  entitled  thereto  may  be  enabled,  upon  applica- 
tion to  the  said  office,  to  obtain  copies  thereof. 

The  partv  tried  by  any  general  court-martial  shall,  upon 
demand  thereof,  made  by  himself,  or  by  any  person  or  per- 
sons in  his  behalf,  be  entitled  to  a  copy  of  the  sentence  and 
proceedings  of  such  court-martial. 

Art.  91.  In  cases  where  the  general  or  commanding  offi- 
cer may  order  a  court  o(  infpiiry  to  examine  into  the  nature 
of  any  transaction,  accusation  or  imputation  against  any 
officer  or  soldier,  the  said  court  shall  consist  of  one  or  more 
officers,  not  exceeding  three,  and  a  judge-advocate,  or  other 
suitable  person,  as  a  recorder,  to  reduce  the  proceedings 
and  evidence  to  writing ;  all  of  whom  shall  be  sworn  to  the 
faithful  performance  of  their  duty.  This  court  shall  have 
the  same  power  to  summon  witnesses  as  a  court-martial, 
and  to  examine  them  on  oath.  But  they  shall  not  give 
their  opinion  on  the  merits  of  the  case,  excepting  they  shall 
be  thereto  specially  required.  The  parties  accused  shall 
also  be  permitted  to  cross-examine  and  interrogate  the  wit- 
nesses, so  as  to  investigate  fully  the  circumstances  in  the 
question.    • 

Art.  92.  The  proceedings  of  a  court  of  inquiry  must  be 
authenticated   by  the  signature  of  the  recorder  and  the 


22 

president,  and  delivered  to  the  commandinfi:  officer,  and 
the  t^aid  i)roeec'ding8  may  be  admitted  as  evidence  by  a 
court-martial,  in  cases  not  capital,  or  extending  to  tlie  dis- 
mission of  an  officer,  provided  that  the  circumstances  are 
such  that  oral  testimony  cannot  be  obtained.  But  as  courts 
of  inquiry  may  be  perverted  to  dishonorable  purposes,  and 
may  be  considered  as  engines  of  destruction  to  military 
merit,  in  the  hands  of  weak  and  envious  commandants, 
the}-  are  hereby  prohibited,  unless  directed  by  the  President 
of  the  Confederate  States,  or  demanded  by  the  accused. 

Art.  93.  The  judge- advocate  or  recorder  shall  administer 
to  the  members  the  following  oath : 

"You  shall  well  and  truly  examine  and  inquire,  accord- 
ing to  your  evidence,  into  the  matter  now  before  you,  with- 
out partialit}',  favor,  affection,  prejudice  or  hope  of  reward. 
So  help  you  God." 

After  which,  the  president  shall  administer  to  the  judge- 
advocate,  or  recorder,  the  following  oath : 

"  You,  A  B,  do  swear  that  you  will,  according  to  your 
best  abilities,  accurately  and  impartially,  record  the  pro- 
ceedings of  the  court,  and  the  evidence  to  be  given  in  the 
case  in  hearing.     So  help  you  God." 

The  witnesses   shall   take   the   same  oath  as  witnesses 

sworn  before  a  court-martial. 

• 

Art.  94.  AVlien  any  commissioned  officer  shall  die,  or  be 
killed  in  the  service  of  the  Confederate  States,  the  major  of 
the  regiiuent,  or  the  officer  doing  the  major's  duty  in  his 
absence,  or  in  any  post  or  garrison,  the  second  officer  in 
command,  or  the  assistant  military  agent,  shall  immediately 
secure  all  his  effects  or  equipage,  then  in  camp  or  quarters, 
and  shall  make  an  inventory  thereof,  and  forthwith  trans- 
mit the  same  to  tlie  office  of  the  Department  of  War,  to  the 
end  that  liis  executors  or  administrators  may  receive  the 
same. 

Art.  95.  When  any  non-commissioned  officer  or  soldier 
shall  die,  or  be  killed  in  the  service  of  the  Confederate 
States,  tlie  tlien  commanding  officer  of  the  troop  or  com- 
pany shall,  in  the  presence  of  two  other  commissioned  offi- 


23 

cers,  take  an  account  of  what  effects  be  died  possessed  of, 
above  bis  arms  and  accoutrements,  and  transmit  tbe  same 
to  tbe  office  of  tbe  Department  of  War,  wbicb  said  effects 
are  to  be  accounted  for  and  paid  to  tbe  representatives  of 
sucb  deceased  non-commissioned  officer  or  soldier.  And  in 
case  any  of  tbe  officers,  so  autborized  to  take  care  of  tbe 
effects  of  deceased  officers  and  soldiers,  sbould,  before  tbey 
have  accounted  to  tbeir  representatives  for  tbe  same,  bave 
occasion  to  leave  tbe  regiment  or  post,  by  preferment  or 
otberwisc,  tbey  sball,  before  tbey  l)e  permitted  to^  quit  tbe 
same,  deposit  in  tbe  bauds  of  tbe  commanding  officer,  or  of 
tbe  assistant  military  agent,  all  tbe  effects  of  sucb  deceased 
non-commissioned  officers  and  soldiers,  in  order  tbat  tbe 
same  may  he  secured  for,  and  paid  to,  tbeir  respective  rep- 
resentatives. 

> 

Art.  96.  All  officers,  conductors,  gunners,  matrosses, 
drivers,  or  otber  persons  whatsoever,  receiving  pay  or  bire 
in  tbe  service  of  tbe  artillery,  or  corps  of  engineers  of  tbe 
Confederate  States,  sball  be  governed  by  tbe  aforesaid 
Rules  and  Articles,  and  sball  "be  subject  to  be  tried  by 
courts-martial  in  like  manner  witb  tbe  officers  and  soldiers 
of  tbe  other  troops  in  tbe  service  of  the  Confederate  States. 

Art.  97.  Tbe  officers  and  soldiers  of  any  troops,  whether 
militia  or  others,  being  mustered  and  in  pay  of  tbe  Con- 
federate States,  shall,  at  all  times  and  in  all  places,  when 
joined,  or  acting  in  conjunction  with  the  regular  forces  of 
the  Confederate  States,  be  governed  by  these  Rules  and 
Articles  of  War,  and  sball  be  subject  to  be  tried  by  courts- 
martial,  in  like  manner  witb  the  officers  and  soldiers  in  the 
regular  forces  :  save  only  that  sucb  courts-martial  shall  be 
composed  entirely  of  militia  officers. 

Art.  08.  All  officers  serving  by  commission  from  tb« 
authority  of  any  particular  State,  shall,  on  all  detachments, 
courts-niartial,  or  other  duty,  wherein  tbey  may  be  em- 
l)loyed  in  conjunction  with  the  regular  forces  of  tbe  Con- 
federate States,  take  rank  next  after  all  officers  of  tbe  like 
ii:rade  in  said  regular  forces,  notwithstanding  tbe  commis- 
sions of  such  miHtia  or  State  officers  may  be  elder  than  tbe 
commissions  of  the  officers  of  the  regular  forces  of  tbe 
Confederate  States. 

Art.  99.   All  crimes  not  capital,  and  all  disorders  and 


•24 

neglects  which  officers  and  soldiers  may  be  guilty  of,  to  the 
prejudice  of  good  order  and  military  discipline,  though  not 
mentioned  in  the  foivgoiug  Articles  of  AVar,  are  to  be  taken 
cognizance  of  by  a  general  or  regimental  court-martial, 
according  to  the  nature  and  degree  of  the  offense,  and  be 
punished  at  their  discretion. 

AuT.  100.  The  President  of  the  Confederate  States  shall 
have  power  to  prescribe  the  uniform  of  the  army. 

Art.  101.  The  foreoroino-  Articles  are  to  be  read  and 
published,  once  in  every  six  months,  to  every  garrison,  regi- 
ment, troop  or  company,  mustered,  or  to  be  mustered,  in 
the  service  of  the  Confederate  States,  and  are  to  be  duly 
observed  and  obeyed  by  all  oiRcers  and  soldiers  who  are,  or 
shall  be,  in  said  service. 

Sec.  2.  That  in  time  of  war,  all  persons  not  citizens  of, 
or  owing  allegiance  to,  the  Confederate  States  of  America, 
who  shall  be  found  lurking  as  spies  in  or  about  the  fortifi- 
cations or  encampments  of  the  armies  of  the  Confederate 
States,  or  any  of  them,  shall  suffer  death,  according  to  the 
law  and  usage  of  nations,  by  sentence  of  a  geiieral  court- 
martial. 

Sec.  3.  That  the  rules  and  regulations  by  which  the 
armies  of  the  Confederate  vStates  have  heretofore  been  gov- 
erned, and  the  resolves  of  Congress  thereunto  annexed,  and 
respecting  the  same,  shall  henceforth  be  void  and  of  no 
effect,  except  so  far  as  may  relate  to  any  transactions  under 
them  prior  to  the  promulgation  of  this  act,  at  the  several 
posts  and  garrisons,  respectively,  occupied  by  any  part  of 
the  army  of  the  Confederate  States. 


P6Rmalip6« 

pH  8.5 


